Zach is an experienced trial attorney, both in the courtroom and in arbitration. He is one of only a handful of attorneys in the country with experience trying cases to final judgment as part of a mass arbitration.
Zach is a strategic litigator who believes in getting the best results by understanding clients’ broader business needs and prioritizing issue-spotting early in each case. His cost-effective approach has resulted in him defending numerous high-stakes class actions, MDLs and other mass litigation in multiple industries, including food and beverage, pharmaceutical, and energy matters.
Zach’s work on behalf of technology companies and defense of data breach class actions has given him a deep understanding of issues essential to the industry, including SaaS providers, ERP developers, and managed security service providers (MSSPs). His national business litigation and employment law experience covers claims and defenses in several technical areas of law including:
- non-compete and non-solicitation agreements;
- the Uniform Commercial Code;
- the Fair Labor Standards Act;
- the Nutrition Labeling and Education Act;
- the Food, Drug, and Cosmetic Act; and
- various antitrust and consumer protection laws.
Representative Matters
Zach is a skilled trial attorney with multiple first-chair experiences, but his principal goal is to win cases before they get to trial. He has helped his clients favorably resolve litigation early in the legal process, including:
Denial of class certification. Zach has defeated putative class actions before they are certified, saving his clients time and money. His results include defeating certification of proposed classes of FACTA plaintiffs in the Western District of Missouri and the Eastern District of Kentucky (Gist v. Pilot Travel Centers, LLC, 2013 WL 4068788 (E.D. Ky. Aug. 12, 2013)).
Summary judgment. Zach has successfully resolved litigation before trial by obtaining summary judgment on a host of claims, including:
- unfair competition claims alleging below-cost sales
- direct and vicarious liability claims against an international franchisor arising from franchisees’ sales practices (In re Motor Fuel Temperature Sales Practices Litig., 2012 WL 1536161 (D. Kan. Apr. 30, 2012));
- consumer fraud claims arising from labeling practices (Kremers v. Coca-Cola Co., 712 F.Supp.2d 759 (S.D. Ill. 2010)), (Wingate v. Barkman Honey, 2021 WL 50987 (D. Kan. Jan. 6, 2021)); and
- a seven-figure professional liability claim against an insurance broker in the Circuit Court of St. Louis.
Dismissal on the pleadings. Zach has successfully dismissed, with prejudice, inventive tort and contract theories, including:
- multiple antitrust lawsuits alleging conspiracy to bribe government contractors;
- FACTA and negligence claims alleging the defendant failed to mask credit card receipts, encrypt credit card data and protect consumer credit card information generally; and
- contract and tortious interference claims alleging improper poaching of employees. Quality Resources, Inc. v. Pfizer, Inc., 622 Fed. Appx. 606 (8th Cir. 2015) (affirming dismissal).
Appeal. Zach is admitted to the Bar of the U.S. Supreme Court and has submitted amicus briefs to the Court on behalf of industry groups. Regionally, he successfully argued for reversal of a district court order denying his request for attorney fees as a prevailing party. (Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan. App. Jan. 2, 2015)). He also obtained reversal of an order terminating his client’s parental rights (In re Adoption of Baby Girl P., 291 Kan. 424, 242 P.3d 1168 (2010)). In another case, the Tenth Circuit reversed a federal district court ruling that found no standing to seek injunctive relief. Zach’s work in that case was nominated for recognition by the 2015 Green Bag Almanac & Reader as a piece of exemplary legal writing (Petrella v. Brownback, 697 F.3d 1285 (10th Cir. 2012)).
Publications
Recommended Reading for Your Next Appeal, 83 Journal of the Kansas Bar Association, February 2014 (with Gene Balloun).
The Devil Is in the Details: Issues Often Overlooked When Crafting Class Settlement Agreements, ABA Mass Torts Newsletter, Fall 2010 (with Laurie A. Novion).
Comment, Train in Vain: The Clash Between the RIAA and the Eighth Circuit over Whether the DMCA Subpoena Provision Applies to Peer-to-Peer Networks, and the Need to Steer the DMCA Back on Track with Congressional Intent, 45 Washburn L.J. 175, 2005.
Presentations
Retail Sales and Antitrust Litigation Showcase, Update of the Law, Miami, Florida, February 27, 2017.
Technology in the Courtroom, Johnson County Bar Association Herbert W. Walton Bench/Bar Conference, Overland Park, Kansas, March 6, 2014.
On the Horizon: Upcoming Supreme Court Decisions, Proposed Changes to the Rules of Civil Procedure, and More, Shook, Hardy & Bacon L.L.P.’s Tenth Annual Update of the Law, Kansas City, Missouri, June 11, 2013.
Developments in Consumer Fraud Litigation, Shook, Hardy & Bacon L.L.P.’s Seventh Annual Update of the Law, Kansas City, Missouri, June 17, 2010.
The Future of Litigation, Kansas Association of Defense Counsel Annual Meeting, Kansas City, Missouri, December 5, 2009.
Invoking the Inherent Powers of the Court, Ross T. Roberts Inns of Court, Kansas City, Missouri, December 2, 2009.
Media
Justices Urged To Protect Millions Of Calif. Arbitration Clauses, Law360, March 30, 2020.